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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00992/B Applicant : Langness Golf Course Limited Proposal : Erection of a bronze frieze mounted on a concrete plinth Site Address : Land South Of Limekilns / The Smelt Fort Island Road Derbyhaven Isle Of Man IM9 1TZ
Senior Planning Officer: Mr Jason Singleton Photo Taken : Site Visit : 14.10.2020 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 27.10.2020 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. No approval is hereby granted to any lighting or solar panels which are referred to in the application but are not shown on the drawings.
Reason: the introduction of lighting may have an adverse visual or ecological impact and should be properly assessed before being installed.
N 1. The applicant / landowner is reminded that ASSI consent will still be required prior to the frieze being erected. The landowner must submit an ASSI notice form to the DEFA Ecosystem Policy Team and a consent for the works must be issued before any works take place. The work must also be undertaken in line with the conditions of the consent.
This application has been recommended for approval for the following reason. The planning application would not harm the unique character of the area and would comply with General Policy 9 Environment Policy 2 and Recreation Policy 2b of the Isle of Man Strategic Plan 2016
Plans/Drawings/Information;
This approval relates to drawing reference P-01, date stamped received on 26th August 2020 and revised planning statement dated 19 October 2020. __
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The application site forms a small parcel of land that sits on the fork in the road for Fort Island Road leading to Fort Island and Castletown golf course Club House and the other road which leads to the Golf Course fairways and out towards the Herring Tower and the peninsular of Langness.
1.2 The site accommodates part of a ruined stone building, a former smeltworks, but is otherwise part of the open landscape
2.0 THE PROPOSAL 2.1 Proposed is the erection of a bronze frieze mounted on a concrete plinth as public art display.
2.2 The scope of works would see the installation of a concrete wall measuring 1.6m long, 500mm deep and 1.5m high. Within the central proportion would be a bronze flock of Brent geese in flight mounted directly onto the concrete. On each side elevation are the words "Nature Vannin" and the other "we are Langness".
2.3 The application is accompanied with a planning statement which highlights the positive attribute of the art work to help promote the local natural environment and its native wildlife. The Brent geese are indigenous to the local area from September to April feeding on the mud flats. The idea is that the Frieze would act as a gate way in this strategic location for those entering Langness peninsula.
3.0 PLANNING POLICY 3.1 In terms of local plan policy, the site lies within an area designated on the Area Plan for the South as Open Space for Particular Purposes - Golf Course. Within the written statement accompanying the Area Plan, reference is given to the draft Landscape Character Appraisal where Langness has its own designed area of Rugged Coast and where the following guidance is provided:
3.2 Langness (E11) The overall strategy is to conserve the character, quality and distinctiveness of the coastal area with its rich ecological habitats, open and expansive panoramic views, and to conserve the tranquil and rugged character of the area with its numerous sites of archaeological importance, such as the former mines and former smelt mines.
Key Views Panoramic, open views across surrounding, ever-changing seascape, from several points along the peninsula, in particular from Dreswick Point (at the southernmost tip).
Dramatic views northwards from St. Michael's Island, along the north eastern shore.
Open views across Castletown Bay to the west.
3.3 Paragraph 3.23 provides further information titled; Implications of the Character Appraisal include the following:
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ii. In terms of Langness, to resist any development that would detract from the unspoilt character and appearance of the rugged coast or from the sense of openness in the area. iii. Protection of the tranquil, rural character of the area with its open views. iv. Sensitive location of new buildings and the use of screen planting. v. Avoidance of physical or visual amalgamation of roadside housing.
3.4 Landscape Proposal 22 The design of any new or replacement buildings on Langness should be such as not to increase significantly their landscape impact and should be so designed as to respect the location of, and facilitate public access to, the promontory fort on Langness known as Hango Broogh.
3.5 The site is also a bird sanctuary, designated Wildlife Site and part of the Langness, Sandwick and Derbyhaven ASSI, designated in April, 2001. The stone building is also a Scheduled Ancient Monument (18 on the APS) referred to in the Area Plan as the Smelt smelthouse and mint.
3.6 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application:
3.7 General Policy 9 In major development proposals, there should be included provision for artwork that is accessible to the public.
3.8 The text preceding General Policy 9 states; The Department will support the inclusion of such artwork in development proposals, and will expect such inclusion within major proposals. Artwork may take the form of public sculpture, such as the recently erected statues of T. E. Brown and Sir William Hillary in Douglas, or may be incorporated into features such as friezes, railings or landscaping. Commissions to locally based artists would be particularly welcome.
3.9 Environment Policy 2
The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential.
3.10 Recreation Policy 2 (in part)
Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances:
(b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area.
4.0 PLANNING HISTORY 4.1 20/00115/B - Erection of an illuminated sculpture on a concrete plinth. WITHDRAWN.
5.0 REPRESENTATIONS 5.1 Malew Parish Commissioners (07/10/20) do not object.
5.2 Highways Services have commented (23/09/20) who don't object.
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5.3 The Ecosystems Policy officer commented (05/10/20) that they have no issue with the frieze itself but the works will require ASSI consent. Concern is raised regarding reference to the proposed lighting and solar panels within the documentation. On the amended information commented confirming there is no lighting and do not object. But commented further (27/10/20) that; "ASSI consent will still be required prior to the frieze being erected. The landowner must submit an ASSI notice form to the DEFA Ecosystem Policy Team and a consent for the works must be issued before any works take place. The work must also be undertaken in line with the conditions of the consent. If planning approval is given the Ecosystem Policy Team would appreciate it if you could include this as an informative on the approval".
6.0 ASSESSMENT 6.1 The strategic plan allows for the installation of public art work through GP9 and its impact assessed through and the community gain through RP2b subject to no unacceptable effect on the character or amenity of the area which is echoed through Ep2 due to the nature of the area, and the supporting text from the Area plan specific to Langness.
6.3 The main issue to consider is whether the proposed scheme would have a significant visual impact upon the area. It is considered the proposed massing of the concrete plinth would be set against the backdrop of former ruin of Manx stone wall, rather than introducing a new built element to the area. Its size height and massing would present a relatively low level structure and with the incorporation of the bronze frieze would have little visual impact upon the area and would sit within the grassed area essentially framing the proposal.
6.4 The proposal would be considered appropriate for the site and its chosen location which would be of visual benefit mainly enjoyed by the community and those visiting the area on the approach to either Langness or Fort Island. This would be seen as a positive and appropriate public amenity for all without having a detrimental impact on the site or that of the special interest of the landscape character.
6.5 The agent confirmed on 19/10/20 on their amended planning statement that there would be no lighting of the plinth or the frieze.
7.0 CONCLUSION 7.1 For the above reasons, it is concluded that the planning application would not harm the unique character of the area and would comply with General Policy 9 Environmental Policy 2 and Recreational Policy 2b of the Isle of Man Strategic Plan 2016, and is recommended for approval.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine:
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o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 26.10.2020
Determining officer Signed : S CORLETT Sarah Corlett
Principal Planner
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